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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE GANESH RAM MEENA, J
NANCHHU RAM BAWARIYA S/O SH. CHHITARMAL BAWARIYA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The accused-petitioner has filed this bail application under Section 483 B.N.S.S. arising out of F.I.R. No.374/2024 registered with the Police Station Harmada, Jaipur (West) for offence under Sections 365, 384, 386, 387, 147 & 323 of IPC.
2. Heard.
3. Considered the submissions made at bar and also perused the challan papers.
4. This Court while allowing the bail applications of co-accused namely; Vinod Bavariya, Nanchu Bavariya, Roopsingh Meena, Prathviraj, Pradhan Meena, Sharmila @ Babli Devi vide order dated 30.08.2024, has observed as under:-
"6. After going to the statements of the complainant recorded under Section 161 Cr.P.C ., this Court finds that the statements have been recorded in very casual manner by the Investigating Officer.
7. Having considered the submissions made by counsel for the petitioners, the manner in which the Investigating Officer has been made and so also the allegations levelled against the accused-petitioners and further the fact that the petitioners are in custody since 27.05.2024, this Court without expressing any opinion on the merit and demerits of the case, deems just and proper to enlarge the petitioner on bail"
Bail should be granted when the accused has been in custody for a significant period without substantial evidence against them.
The court may grant bail considering the length of custody, nature of allegations, and trial progress, ensuring fair trial rights.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
The absence of eyewitnesses and lack of evidence against the accused justified the grant of bail, emphasizing the principle of preventing unnecessary detention without risk of influencing witnesses.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
The court emphasized that the absence of substantial evidence and the prolonged custody of the petitioner justified the grant of bail, notwithstanding the serious nature of the allegations.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
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